The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-10-28

that the jury law of the State of Illinois
was not attacked by the counsel on the
other side in the State Supreme Court.
They stated expressly (reading from the
proceedingsl that "We have not thought it
necessary to attack the constitutionalty of
the law, because it may be given a construc-
tlon which would make il unobjectlonable.
The Attorney General then called attention
forcibly to the fact that the recent changes
iii the jury laws of the State,
all had for their purpose and OBJ
ject the procurement of a better class
of men as jurors. Is it possible asked the
Attorney General, that States arc to be
so bound by the Federal Constitution that
they cannot change their jury laws in &C
cordance with the changing condition of
their social and political life! Is it possible
that Whenever a law is enacted in any State
which recognizes the changed condition of
atfairs-a law which is intended TO adapt
the jury system to such changed condition
that the Federal question is raised! Then
the conviction of any man i'll a State court
raises Federal question, and under the un-
limited provisions of the fourteenth amend
ment that question can be brought to this
court for review He hoped that the court
would maturely consider the far-reachiGg
consequences of the construction which
the petitioners desired to have given to the
| fourteenth amendment. Mr.. Tucker asks,
suppose that the Fourteenth amendment
guarantees trial by jury. | suppose that 1t
does, but we hold that it was not intended
to interfere with the power of a State to
regulate jury trial within its own limits,
provided it does not deprive any of equal
protection of the laws"
SEARCH AND SEIZURE.
As to the alleged unreasonable search
and seizure" it is said that after the pr1s-
oners had been arrested their desks were
broken open by the police, and papers and
bombs, etc, were taken without warrant.
The Attorney General said he would like to
know how criminals instruments of crime
could legally be taken from him. He knew
of no process by which it could be done if
they were his own. The question for the
court, however, was not "How was posses
sion of these things obtainedW but
rather "What do they proveW
In the recent case of Ker against
the people of Illinois, Ker was followed to
South America, to Peru, was brought back
| without extradition proceedings, and
court tried him and convicted him. 1t held
that the question was not "how did you
| get hereW but "are you guilty" This
was a case involving higher question of
personal right than that involved in the
case now before this court.
Justice Miller-The Federal question was
! whether man having been kidnapped by
the Illinois authorities in Peru without re-
sort to extradition papers, was protected by
the Federal constitution.
! Attorney General Hunt-Yes, your honor,
| but it was on account Of the illegal method
by which he had been brought into court
that he claimed immunity.
| Attorney General Hunt then took up the
case of prisoners Fielder and Spies, and
| said that he understood it would be urged
| lNxyf ha al on ba Oth bat
being foreigpers-F Fielder an Englishman
| and Spies a German-were protected by
treaties between the United States and
their respective governments that
they should have immunity
because the treaties provided that citizens
of England and Germany living in the
| United States should have all the rights and
privileges guaranteed by law to citizens of
| the United States at the time the treaties
were ratified Il understand" he said,
''that this will be the contention"
Chief Justice Waite-In what respect is it
| said that this violates citizenship of Great
Britains
Gen. Butler-They were to have all the
| privileges of Americans at the date of the
| treaties, and among those privileges we con-
tend was trial by jury under the laws then
in force. No laws could be passed to change
their condition under the organic law
highest law.
Attorney General Hunt replied that if
this were so, then the prisoners, without
being citizens were privileged persons,
above the laws of the State which they set
at defiance
The large audience in the court room paid
the closest attention to the proceedings
| throughout the afternoon and scores of per-
sons, including some ladies, remained stand
ing for five hours just outside the bar.
The Attorney General Of Illinois will
conclude his argument for the State to-
morrow, aud will be followed by Gen.
| Butler in behalf of the petitioners, and
particularly of Fielder and Spies.
States Attorney Grinnell will probably
make the closing argument in opposition to
the motion for a writ of error and the
court will then take the case under advise
ment.